HAMILTON v. CONAGRA POULTRY CO., 2007 AWCC 97

CLAIM NO. F307538

GREGORY HAMILTON, EMPLOYEE CLAIMANT v. CONAGRA POULTRY COMPANY, A SELF INSURED EMPLOYER RESPONDENT, GALLAGHER BASSETT SERVICES, INC., TPA RESPONDENT

Before the Arkansas Workers’ Compensation Commission
ORDER FILED AUGUST 2, 2007

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Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.

Claimant is not represented by counsel but appears, pro se.

Respondent represented by HONORABLE NORWOOD PHILLIPS, Attorney at Law, El Dorado, Arkansas.

ORDER
Pursuant to Ark. Code Ann. § 11-9-711(a)(1) (Repl. 2002), the opinion of the Administrative Law Judge becomes final unless the claimant files an appeal in writing within 30 days from the receipt of the opinion. The procedural requirements set forth in the statute are mandatory or jurisdictional and require strict compliance. Lloyd v. PotlatchCorporation, 19 Ark. App. 335, 721 S.W.2d 670 (1986); Cooper IndustrialProducts v. Meadows, 5 Ark. App. 205, 634 S.W.2d 400 (1982). Therefore, the opinion of the Administrative Law Judge becomes final and the Full Commission cannot review it if the petition for review is not received within 30 days, as set forth in the statute. Smith v.

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Servomation, 8 Ark. App. 274, 651 S.W.2d 118 (1983). Moreover, the rule of unavoidable casualty does not apply to the failure to file a notice of appeal in a timely manner. Williams v. Luft Construction Co., 31 Ark. App. 198, 790 S.W.2d 921 (1990). Burris v. Burris, 278 Ark. 106, 643 S.W.2d 570 (1982).

Since the claimant’s notice of appeal was not filed within thirty days of receipt, it was untimely filed. Accordingly, the claimant’s appeal must be, and hereby is, dismissed.

IT IS SO ORDERED.

___________________________________ OLAN W. REEVES, Chairman
___________________________________ KAREN H. McKINNEY, Commissioner
Commissioner Hood dissents.

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